SAMPLE TIMBER SALE CONTRACT

Transcription

1 SAMPLE TIMBER SALE CONTRACT THE PARTIES OF THIS CONTRACT ARE AND HEREINAFTER CALLED PURCHASER. (Name and address of Purchaser) GENERAL TERMS 1. For, and in consideration of, the promises and agreements hereinafter contained, agrees to sell, and Purchaser agrees to purchase, harvest, and remove the timber included in this contract subject to the provisions hereof. 2. It is hereby understood and agreed that, except as otherwise provided herein: a. All right, title, and interest in or to any timber included in this contract shall remain with until paid for in full. Any timber remaining in the sale area, whether cut or uncut, beyond the contract period shall be considered abandoned by the Purchaser, and all right, title, and interest thereto shall vest to or his heirs. b. In the event any timber included in this contract is destroyed or damaged by fire, wind, flood, insects, diseases, or similar cause, to the extent it is unmerchantable, the party holding title to the destroyed or damaged timber shall bear the loss in stumpage and required deposits resulting from such destruction or damage. There shall be no obligation on the part of to supply, or on the Purchaser to accept and pay for, other timber in lieu of that destroyed or damaged: Provided, that damage to or loss of timber removed from the sale area shall be borne by the Purchaser, and: Provided further, that this paragraph shall not be construed to relieve either party of liability for negligence. c. Except as otherwise specifically provided, it is the intent of this contract that the Purchaser and shall mutually agree upon the interpretation and performance of this contract; provided that within the limitations of law, upon failure to reach an agreement, the decision of as the agency charged with the administration and protection of this property shall prevail. d. Modifications of the terms of this contract, re-determination of rates provided for herein, and termination shall be in writing, and may be made on behalf of only by the appointed representative. e. The appointed representative will make for, and accept on behalf of, the all notices, requests or other action where formal written notice is required herein, or is appropriate. f. The appointed representative, will exercise the rights and duties of the to enforce the provisions of this contract. g. This contract is not transferable in whole or in part. Subcontracting all or parts of the operation is permissible. The will not consider a transfer of the contract.

2 SALE AREA 1. This sale area of acres, more or less, is located in County, Arkansas. 2. The boundaries of the sale area are as shown on the attached sale area map or plat, and said map or plat is hereby made a part of this contract. 3. Legal description:. TIMBER BEING SOLD 1. guarantees that he/she has full right to transfer full title of the timber included in this sale. 2. Description of timber, which is marked in paint and included in this sale, is as follows: Board Feet of Pine Sawtimber Doyle Log Rule Board Feet of White Oak Sawtimber Doyle Log Rule Board Feet of Red Oak Sawtimber Doyle Log Rule Board Feet of Miscellaneous Hardwood Sawtimber Doyle Log Rule Cords of Pine Pulpwood Cords of Hardwood Pulpwood 3. gives no guarantee, expressed or implied, as to the volumes described under this contract. 4. Total acres to be harvested excluding roads, creeks and streamside management zones (SMZ) are approximately acres. All trees marked with paint inside this area can be harvested. There is SMZ area that is a stream flagged in, there are no trees marked inside the SMZ. SELLING PRICE For and in consideration of the sum of $ upon receipt from the Purchaser, hereby agrees to sell and the Purchaser agrees to buy all forest products marked or designated for removal by. PAYMENT SCHEDULE Purchaser within thirty (30) days after award date of contract will make payment in full (certified check, cashier's check, bank draft, money order, or equivalent) to. Failure to provide such payment by said date will render this contract null and void. 2

3 SALE PERFORMANCE Performance bond is required (performance bond or irrevocable letter of credit on a bank accepted by. The amount of the performance bond is ten percent (10%) of the sale price. shall hold said performance bond pending final check and approval of harvest operations. Upon written notification of completion of this contract by the Purchaser, will return the deposit in full, less any money withheld as damages for lack of compliance by the Purchaser with any provisions of this contract. CONTRACT PERIOD Purchaser shall have a period of months from the award date to remove all timber for harvest. CONTRACTOR LIABILITY The purchaser and the subcontractors shall in all things conform to the requirements of the Workman s Compensation Act of the Law of the State of Arkansas in the performance of this contract. Purchaser shall specifically and distinctly assume all risk of damage or injury to persons or property resulting from any actions or operations connected with work performed under this contract. Further, Purchaser shall protect, and hold harmless from liability from any such damage or injury. GENERAL HARVESTING PROVISIONS 1. Purchaser or Purchaser's representative agrees to have a conference with the representative or his designee, before harvesting begins in order to discuss logging plans or any other phases of the harvest operation as desired. 2. or representative reserves the right to check harvest operations at any time to determine whether Purchaser is meeting the provisions of this contract. 3. Purchaser shall have free ingress and egress over property to the sale site. Securing rights of ingress and egress over adjoining property not owned or controlled by the shall be the responsibility of Purchaser. 4. Purchaser will use existing roads and trails wherever practicable. Purchaser may erect, on - controlled land, roads or other improvements necessary in the harvesting of timber included in this contract provided, however, that approves the plans and locations in advance. 5. Purchaser will implement Arkansas Best Management Practice Guidelines for Silviculture during all harvesting operations of this sale. 6. Purchaser agrees to have a contractor on the site that has completed the Arkansas Pro Logger training program or has a comparable certificate of training that complies with the training recommended by the American Forest and Paper Association's Sustainable Forestry Initiative. 3

4 7. Purchaser will successfully re-vegetate all temporary roads, landings, and skid trails by artificial seeding as per specifications contained in the attached addendum. 8. Purchaser agrees that all harvest operations will halt on all days and on any portion of this sale when soil moisture allows equipment to cause excessive rutting of the land. 9. Purchaser shall protect property such as roads, fences, utility lines, ditches, bridges, and other structures or improvements, against unnecessary injury and shall repair damage caused by Purchaser by restoring such damage immediately to the condition found prior to damage. 10. Purchaser is responsible for all tools, equipment and property of every description used in the harvest operation. Purchaser shall remove all tools, equipment and all other temporary improvements placed on the premises by him to the satisfaction of before expiration of this contract. 11. Purchaser will merchandise all trees, including tops, to the lowest diameter for commercially salable products. 12. Purchaser has the option to harvest or leave marginal trees marked with an "X". 13. Stump height limit is twelve (12.0) inches for log trees, and six (6.0) inches for pulp trees, except for those trees wherein wire, nails, visible defect, or excessive flare necessitates cutting higher than the above-stated limit. 14. Purchaser will not cut or injure any witness trees or monuments, except such minor injury and damage as is necessary under normal and careful harvest procedures. will determine the amount of any damage deemed excessive or unnecessary and will notify Purchaser in writing. The determination is final and binding on the Purchaser through his performance bond subject only to written appeal within thirty (30) days of such notification. 15. Purchaser will not cut or damage any trees inside Streamside Management Zone (SMZ). SMZ is flagged in SMZ ribbon. Trees cut or damaged to the point of loss of growth or mortality shall be paid for at triple the contract price to. 16. will be notified immediately if wildfire occurs. Purchaser shall prevent his operations from causing wildfire and shall use his employees and equipment to suppress any wildfires on the sale areas. Purchaser is responsible for damages from fire resulting from negligence by his employees or agents. 17. Purchaser will keep all roads, trails, power, utility, and boundary lines free of slash and other debris, or other damage at his expense. 18. Letters of explanation or exceptions to any of the conditions set forth herein are attachments to, and become part of, this contract. 19. Grantors represent and warrant that, to the best of their knowledge, there are no threatened or endangered species of fish or wildlife on any of the land, nor is there any existing or proposed finding or promulgation under state or federal endangered species law, rule or regulation that would 4

5 prevent Grantee from harvesting the timber on said land by conventional methods. If Grantee is prohibited, or restricted in any manner, from harvesting the timber conveyed herein by action or threat of action by any state or federal agency charged with enforcement of endangered species laws, rules or regulations; or, if Grantee or it s agents, employees or contractors discover or observe a threatened or endangered species upon the land before or after commencement of harvesting operations, which causes Grantee to refrain from or halt harvesting operations in order to comply with such laws, rules or regulations; then in that event, Grantors shall reimburse Grantee immediately for that portion of the purchase price of the timber attributable to the volume of timber which cannot be harvested as a result of such action threat of action, observation, or discovery. The volume of timber which cannot be harvested shall be determined by joint cruise conducted by Grantors and Grantee. SIGNATURES AND ACKNOWLEDGEMENTS IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day of,. WITNESS: By: (SELLER) Title: WITNESS: By: (PURCHASER REPRESENTATIVE) Title: (PURCHASER) (BUSINESS ADDRESS) (CITY, STATE, ZIP CODE) 5

6 TIMBER SALE CONTRACT ADDENDUM GUIDELINES FOR WATERBARS AND REVEGETATION OF ROADS, SKID TRAILS AND LANDINGS Water bars act to divert side ditch and surface runoff, which minimizes erosion, and provides conditions suitable for revegetation. Construction: 1. Water bars should be placed at a slight angle to the road, firebreak or skid trail. The water bar slows the water, promotes deposition of sediment in the water, and then allows the water to slowly exit the road with minimal washing. The greater the percentage of slope, the less the angle of the water bar should be to the road surface. 2. Stabilizing the water bars at construction will prevent additional erosion. See Table The following table is a guide for spacing between water bars: Grade of Road (Percent) 4. To fully intercept any ditch flows, the uphill end of the water bar should extend beyond the side ditch line of the road and tie into the cut bank blocking the ditch. 5. The outflow end of the water bar should be fully open and extend beyond the edge of the road or trail to safely disperse runoff water onto the undisturbed forest floor. 6. Requirements for effective water bar construction on forest roads, trails and firebreaks are site specific so construction should match existing soil and slope conditions. Table 1: Recommended seed mixtures, mulching and fertilizing rates for roads, water bars, landings, log fills and other disturbed areas. Spring and (March - * Fertilize with a minimum of 200 lbs per acre of (broadcast application). * Soil ph Maintenance: Maintain soil ph of 6.5 to 7.5 One ton of limestone = 1 point soil ph+ One ton sulphur equivalent to 1 point soil ph- 6/7/06 6 Distance between Water Bars (Feet) Early Summer June) Late Summer, early Winter February) Fall and (August Area Seed Mixture Seeding rate (lbs/ac) Seed Mixture Seeding Rate (lbs/ac) Mountains Orchard Grass 12 Annual Ryegrass 24 (Late spring) Browntop Millet 40 Ebon Rye; Winter 80* Elbon Rye; Winter 80* Wheat Wheat Gulf Coast or Delta Bahia Browntop Millet Bahia or Annual Ryegrass 30 20